Commonwealth Numbered Regulations

1993 No. 177 RADIOCOMMUNICATIONS REGULATIONS - REG 3

3. In these Regulations, unless the contrary intention appears:

"Act" means the Radiocommunications Act 1992;

"aeronautical mobile service" means a radiocommunications service that is used
principally for the purpose of the transmission of messages to and from
aircraft;

"aircraft station" means a station in the aeronautical mobile service, other
than a mobile (disaster plan) station, that is installed aboard an aircraft;

"aircraft station, Class A" means an aircraft station installed aboard an
aircraft that:

   (a)  has not less than 38 passenger seats; or

   (b)  has a maximum take-off weight of not less than 19 tonnes.

"aircraft station, Class B" means an aircraft station other than an aircraft
station, Class A;

"amateur service" means a radiocommunications service established for the
purposes of self-training, intercommunication and technical investigation into
radiocommunications by persons:

   (a)  who are licensed under the Act to do so; and

   (b)  who do so solely with a personal aim; and

   (c)  who have no pecuniary interest in the outcome;

"amateur station" means a station that:

   (a)  employs, for radiocommunication, any frequency included in the
        frequency bands designated in the spectrum plan for use by the
        amateur service or the amateur satellite service within the meaning of
        the spectrum plan; and

   (b)  includes a transmitter, or transmitters, used subject to the
        conditions prescribed under Part 3 in relation to a licence for a
        transmitter;

"amateur station (unrestricted)" means an amateur station where the holder of
the transmitter licence that relates to the station is a person to whom a
certificate of proficiency has been granted in relation to the Amateur
Operator's Examination referred to in regulation 15;

"amateur station (limited)" means an amateur station where the holder of the
transmitter licence that relates to the station is a person to whom a
certificate of proficiency has been granted in relation to the Limited Amateur
Operator's Examination referred to in regulation 16;

"amateur station (novice)" means an amateur station where the holder of the
transmitter licence that relates to the station is a person to whom a
certificate of proficiency has been granted in relation to the Novice Amateur
Operator's Examination referred to in regulation 17;

"amateur station (combined limited and novice)" means an amateur station where
the holder of the transmitter licence that relates to the station is a person
to whom a certificate of proficiency has been granted in relation to:

   (a)  the Limited Amateur Operator's Examination referred to in regulation
        16; and

   (b)  the Novice Amateur Operator's Examination referred to in regulation
        17;

"ambulatory station" means a station that is established for use while in
motion, or during halts at unspecified points, on land, on water or in the
air;

"AUSSAT receive-only station" means an earth station (other than an earth
station, Australian satellite service or an earth station, Class A, B, C, D or
E):

   (a)  that accesses an Australian satellite; and

   (b)  that is used only for receiving messages and is not capable of
        transmitting messages of any kind; and

   (c)  for which the SMA undertakes co-ordination procedures for the purpose
        of minimising interference to reception;

"AUSSAT service" means a service comprising earth stations operated for the
purposes of providing telecommunications services:

   (a)  under the general telecommunications licence granted to AUSSAT Pty
        Limited and notified in the Gazette on 26 November 1991; and

   (b)  that access an Australian satellite;

"authorised person" means:

   (a)  the Spectrum Manager; or

   (b)  a person appointed under regulation 42 for the purposes of the
        provision in which that expression appears;

"citizen band radio station" means a station that employs, for
radiocommunication, any frequency channel in the frequency bands 26.965
megahertz to 27.405 megahertz (inclusive) and 476.425 to 477.400 megahertz
(inclusive), being a frequency channel used by citizen band radio stations;

"coast station" means a land station (other than an earth station) established
for the purpose of communicating with ship stations at sea and
aircraft stations, being a station an important function of which is the
transmission or reception of messages on behalf of the public;

"coast station, Class A" means a coast station other than a coast station,
Class B, that is used for communicating with ship stations or aircraft
stations on very high frequency channels;

"coast station, Class A (receive-only)" means a coast station:

   (a)  used for receiving messages transmitted by ship stations or aircraft
        stations, being messages transmitted only on very high frequency
        channels; and

   (b)  not capable of transmitting messages of any kind;

"coast station, Class B" means a coast station that is used for communicating
with ship stations or aircraft stations on other channels in addition to, or
instead of, very high frequency channels;

"coast station, Class B (receive-only)" means a coast station:

   (a)  used for receiving messages transmitted by ship stations or aircraft
        stations on other channels in addition to, or instead of, very high
        frequency channels; and

   (b)  not capable of transmitting messages of any kind;

"disaster station" means a station having the exclusive function of providing
a radiocommunications service in relation to natural disasters and civil
defence activities;

"Distress, Urgency, Alarm and Safety Signals" means the Distress Signal,
Urgency Signal, Alarm Signal and Safety Signal within the meaning of Article
39, Article 40 (Section I), Article 41 and Article 40 (Section II),
respectively, of the Radio Regulations published by the International
Telecommunication Union, Geneva, as in force under the Telecommunication
Convention at the commencement of these Regulations;

"earth station" means a station located at a fixed point on the surface of the
earth that is used for the purpose of communicating with:

   (a)  any earth station by means of any satellite or other object in space;
        or

   (b)  any space station;

"earth station, Australian satellite service" means an earth station, other
than an earth station in the AUSSAT service, that is established for the
purposes of providing access to an Australian satellite;

"earth station, Class A" means an earth station (other than an earth station,
Australian satellite service, or an earth station in the AUSSAT service)
capable of carrying not more than one voice channel;

"earth station, Class A (receive-only)" means an earth station, Class A:

   (a)  that is used only for receiving messages and is not capable of
        transmitting messages of any kind; and

   (b)  for which the SMA undertakes co-ordination procedures for the purpose
        of minimising interference to reception;

"earth station, Class B" means an earth station (other than an earth station,
Australian satellite service, or an earth station in the AUSSAT service)
capable of carrying more than one but not more than 12 voice channels;

"earth station, Class B (receive-only)" means an earth station, Class B:

   (a)  that is used only for receiving messages and is not capable of
        transmitting messages of any kind; and

   (b)  for which the SMA undertakes co-ordination procedures for the purpose
        of minimising interference to reception;

"earth station, Class C" means an earth station (other than an earth station,
Class A, an earth station, Class B, an earth station, Australian satellite
service, or an earth station in the AUSSAT service) capable of utilising not
more than one satellite transponder.

"earth station, Class C (receive-only)" means an earth station, Class C:

   (a)  that is used only for receiving messages and is not capable of
        transmitting messages of any kind; and

   (b)  except an earth station, Class C of a kind referred to in paragraph
        (a) that:

        (i)    is not used for a business or commercial purpose; and

        (ii)   operates only on a frequency or frequencies of less than 5
               gigahertz; and

        (iii)  has an antenna with a cross-sectional dimension of less than 5
               metres;

"earth station, Class D" means an earth station (other than an earth station,
Australian satellite service, or an earth station in the AUSSAT service)
capable of utilising more than one but not more than 2 satellite transponders;

"earth station, Class D (receive-only)" means an earth station, Class D that
is used only for receiving messages and is not capable of transmitting
messages of any kind, but does not include a station of that kind that:

   (a)  is not used for a business or commercial purpose; and

   (b)  operates only on a frequency or frequencies of less than 5 gigahertz;
        and

   (c)  has an antenna with a cross-sectional dimension of less than 5 metres;

"earth station, Class E" means an earth station (other than an earth station,
Australian satellite service, or an earth station in the AUSSAT service)
capable of utilising more than 2 satellite transponders;

"earth station, Class E (receive-only)" means an earth station, Class E that
is used only for receiving messages and is not capable of transmitting
messages of any kind, but does not include a station of that kind that:

   (a)  is not used for a business or commercial purpose; and

   (b)  operates only on a frequency or frequencies of less than 5 gigahertz;
        and

   (c)  has an antenna with a cross-sectional dimension of less than 5 metres;

"examination" means an examination conducted under Part 4;

"exterior paging service" means a radiocommunications service consisting of:

   (a)  a main transmitter established for the purpose of one-way data
        communication to one or more paging receivers, being a transmitter
        using the 148 to 149.25 megahertz band or the frequency channels
        149.7875, 149.8375 or 149.8875 megahertz; and

   (b)  if applicable in the circumstances, one or more fixed supplementary
        transmitters operating on the same frequency as the main transmitter,
        being supplementary transmitters that are used solely to improve
        service reliability within a radius of 40 kilometres of the main
        transmitter for one or more exterior paging services; and

   (c)  at least 1 paging receiver;

"facsimile" means communication by facsimile or any other form of
communication that is automatically reproduced onto paper;

"fixed station" means a station on land established for the purpose of
communicating with one other station established at a fixed point on land but
does not include an earth station, an outpost station or a receiving land
station;

"former Regulations" means the Radiocommunications (Licensing and General)
Regulations as in force:

   (a)  at a particular time; or

   (b)  if no particular time is specified in the provision in which the term
        appears-immediately before the commencement of these Regulations;

"intercommunication" means two-way communication between stations in the
amateur service in Australia and:

   (a)  other stations in the amateur service in Australia; or

   (b)  amateur stations overseas; but does not include communication with
        stations of other radiocommunications services;

"interior paging service" means a radiocommunications service:

   (a)  that comprises:

        (i)    one or more transmitters; and

        (ii)   one or more paging receivers; and

   (b)  that is used for communication solely within premises or similar
        restricted areas.

"land mobile paging receiver" means a receiving station in the land mobile
service:

   (a)  capable of receiving paging messages, but not of transmitting messages
        of any kind; and

   (b)  suitable for carriage by hand or on the person;

"land mobile service" means a radiocommunications service that is used
principally for the purpose of the transmission of messages to and from
ambulatory stations on land using two-way communications, except:

   (a)  an exterior paging service; or

   (b)  an interior paging service; or

   (c)  a part of a service referred to in paragraph (a) or (b);

"land station" means a station that is established at a fixed point on land;

"limited coast station" means a coast station (other than a marine rescue
station):

   (a)  that is not used:

        (i)    for communicating with aircraft stations; or

        (ii)   for the transmission and reception of messages on behalf of the
               public; and

   (b)  that uses, for transmission purposes:

        (i)    one or more of the following carrier frequencies;, namely,
               1,715, 1,725, 1,775, 2,008, 2,032, 2,112, 2,182, 2,436, 2,524,
               4,125, 4,535, 4,620, 6,215.5, 27,680, 27,720, 27,820, 27,860,
               27,880, 27,900, 27,910, 27,940, 27,980, 156,300, 156,375,
               156,425, 156,450, 156,500, 156,550, 156,575, 156,600, 156,650,
               156,675, 156,700, 156,725, 156,800, 157,375, 161,525, 161,575
               or 161,600 kilohertz; or

        (ii)   any single frequency other than one of those frequencies;

"major fixed station" means a receiving land station:

   (a)  other than an earth station, for which the SMA undertakes coordination
        procedures for the purpose of minimising interference to reception; or

   (b)  that is an earth station, Class C (receive-only), an earth station,
        Class D (receive-only) or an earth station, Class E (receive-only);

"marine rescue station" means a station (other than a mobile (disaster plan)
station) that:

   (a)  is operated:

        (i)    by a body that is declared under regulation 43 to be a body
               that is prepared to provide a comprehensive emergency
               radiocommunications service to vessels at sea without
               discrimination; or

        (ii)   aboard a ship by a person acting on behalf of, or in
               co-ordination with, a body referred to in subparagraph (i);

   (b)  is used primarily for ship-to-shore, shore-to-ship and intership
        communications;

   (c)  in the case of a station established on land:

        (i)    maintains a listening watch on the frequency 27,880 kilohertz
               and on either or both of the frequencies, 2,182 kilohertz and
               156.8 megahertz; and

        (ii)   transmits on the frequency 27,860 kilohertz; and

        (iii)  if it maintains a listening watch on the frequency 2,182
               kilohertz-transmits on the frequency 2,524 kilohertz; and

        (iv)   if it maintains a listening watch on the frequency 156.8
               megahertz-transmits on the frequency 156.375 megahertz: and

   (d)  in the case of a station established aboard a ship, operates:

        (i)    on the frequencies 27,860 and 27,880 kilohertz; and

        (ii)   on either or both of the following pairs of frequencies,
               namely, 2,182 and 2,524 kilohertz and 156.375 and 156.8
               megahertz;

"message" includes all or part of any correspondence, communication,
conversation, information or signal transmitted or received by a station;

"mobile (disaster plan) station" means an ambulatory station that:

   (a)  is authorised by the Spectrum Manager under subregulation 44 (1) to
        participate in an emergency radiocommunications service; and

   (b)  is also authorised by the Spectrum Manager under subregulation 44 (2)
        to be used as if it were:

        (i)    an aircraft station, Class A or an aircraft station, Class B;
               or

        (ii)   a marine rescue station; or

        (iii)  a mobile station; or

        (iv)   a ship station;

"mobile station" means an ambulatory station other than a mobile (disaster
plan) station;

"multipoint distribution station" means a station that, using a single
frequency and occupying a bandwidth that exceeds 4 megahertz, transmits to at
least 4 multipoint distribution station receivers:

   (a)  if a class A station-services that are category (1), (2) or (3)
        services referred to in subclause 4 (1) of the Multipoint Distribution
        System Band Plan in force under the Radiocommunications Act 1992*2*;
        or

   (b)  if a class B station-services that are category (4) or (5) services
        referred to in subclause 4 (1) of the Multipoint Distribution System
        Band Plan in force under the Radiocommunications Act 1992*2*;

"multipoint distribution repeater station" means a station that is used for
the reception of radio transmissions from a multipoint distribution station
and for the automatic retransmission of those transmissions to multipoint
distribution station receivers.

"multipoint distribution station receiver" means a station:

   (a)  established solely for the reception of radio transmissions from a
        multipoint distribution station or a
        multipoint distribution repeater station; and

   (b)  that uses a single frequency and an occupied bandwidth exceeding 4
        megahertz;

"outpost service" means a radiocommunications service:

   (a)  established for the purposes of participation in the education program
        known as School of the Air; or

   (b)  established to provide radiocommunications for communities in remote
        localities in which the telecommunications service of subscriber trunk
        dialling or a manual trunk telephone exchange is not provided; or

   (c)  if a manual trunk telephone exchange is provided in the
        locality-established to provide for radiocommunications in case of an
        emergency that involves:

        (i)    prejudice to the security or defence of Australia; or

        (ii)   a serious threat to the environment; or

        (iii)  risk of death of, or injury to, persons or risk of substantial
               loss of, or damage to, property;

"outpost station" means a land station in the outpost service;

"paging receiver" means a radiocommunications receiver used in the exterior
paging service or the interior paging service, being a receiver that:

   (a)  has an integral antenna; and

   (b)  that is usually capable of being carried on the person;

"penalty", in relation to an offence against section 46, 47, 113, 117, 118,
170, 186, 187 or 197, subsection 278 (4), section 279 or subsection 301 (3) of
the Act, means a penalty of an amount worked out in accordance with section
315 of the Act;

"receiving land station" means a land station, not being a multipoint
distribution station receiver, established solely for the reception of radio
transmissions;

"ship" includes every kind of vessel or floating craft of any size, not being
a vessel or floating craft that is permanently moored;

"ship station" means a station (other than a disaster station, a marine
rescue station or a mobile (disaster plan) station) that:

   (a)  is established aboard a ship; and

   (b)  is used primarily for radiocommunication with land stations and other
        stations established aboard ships;

"ship station, Class A" means a ship station used by a member of an
organisation established to provide an inshore boating service, not being a
ship station, Class C or a station that includes a transmitter licensed to
transmit public correspondence;

"ship station, Class B" means a ship station other than a ship station, Class
C:

   (a)  that includes a transmitter licensed to transmit public
        correspondence; or

   (b)  that does not include a transmitter referred to in paragraph (a) and
        that is not a ship station, Class A.

"ship station, Class C" means a ship station equipped in accordance with
orders made under the Navigation (Orders) Regulations.

"SOLAS" means the Safety of Life at Sea Convention, 1974 done at London on 1
November 1974 and its Protocol of 1978, both as in force on the day on which
this definition takes effect;

"Spectrum Manager" means the Spectrum Manager appointed under section 243 of
the Act;

"station" means an installation or thing that is, or includes, a
radiocommunications transmitter or receiver;

"Telecommunication Convention" means the International Telecommunication
Convention done at Nairobi on 6 November 1982. (NOTE: The following terms used
in these Regulations are defined in section 5 of the Act: aircraft,
Australian satellite, certificate, certificate of proficiency, device,
frequency band, frequency band plan, inspector, interference, licence,
licensee, radiocommunication, radiocommunications device, radiocommunications
receiver, radiocommunications transmitter, radio emission, receiver licence,
reception, SMA, spectrum plan, transmitter and transmitter licence.)

*2* The Multipoint Distribution System Band Plan in force under the
Radiocommunications Act 1992 is the Plan that was published as Statutory Rules
1988 No. 181 as continued in force by section 4 of the Radiocommunications 
(Transitional Provisions and Consequential Amendments) Act 1992 .